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Responsibility for Human Rights, Non-State Actors and Political Responsiveness

David J Karp
University of Sussex
David J Karp
University of Sussex

Abstract

The UN Guiding Principles on Business and Human Rights say that states have duties to 'protect' human rights whereas non-state actors have responsibilities to 'respect' human rights. However, I argue that there is no reason in principle why non-state actors cannot have duties to protect. This paper more specifically claims that responsibilities to protect human rights are linked to relationships of political responsiveness between a duty-bearer and a relevant public. Actors who feel compelled to engage in political responses have developed a level of de facto authority. While neither legitimate nor permanent, this status activates responsibility for human rights protection in contemporary world politics. I illustrate this theoretical claim with reference to the role that Brazil-based transnational mining company Vale plays in the Carajás region of the Amazon, where it engages actively in corporate social responsibility projects, but also faces a range of protest from indigenous and other local populations.